People in Halloween Costumes

[ImaRetiredTeacher]

Hello,

I've already scoured the handbook, but I'd also like advice from all you experts. Is there any concern of images of people in cartoon character costumes (or any other costumes)?

Thank you 😃

[Oleksandra Osadcha]

Hi! When creating or uploading photos of people in costumes for Adobe Stock (or any other stock site), there are several important aspects related to copyrights and image rights that you need to consider:

1. Model Release:

   • If the photos feature recognizable faces, you need a signed model release, regardless of whether they are in costume or not. This is necessary to protect individuals' rights to their likeness.

2. Copyright on Costumes:

   • If the people in the photos are wearing costumes based on recognizable characters (e.g., from cartoons, movies, comics, etc.), there could be issues with copyright infringement. Costumes that are exact replicas or very similar to copyrighted characters can be problematic for commercial use.
   • For editorial use photos, the requirements might be less stringent, but such photos are typically not accepted for commercial licensing on stock sites.

3. General Recommendations:

   • Avoid using recognizable brands and characters without appropriate licenses.
   • It’s preferable to use original costumes that are not associated with well-known characters or brands.
   • When in doubt, it's always best to consult with a legal advisor specializing in copyright law or contact Adobe Stock support directly for specific guidance.

[ImaRetiredTeacher]

Hi Oleksandra,

That's what I was thinking, since it involves Shrek and Fiona. I agree it's best to not dive into recognizable characters.

Thanks!

[Jill_C · Accepted solution]

ChatGPT response ? All is correct except perhaps the last statement. Contacting Adobe directly will most likely not elicit a response. Their typical answer to IP related questions is "check the guidelines".

[Oleksandra Osadcha]

Yes, I apologize. I have already been told that I cannot use gpt for replies on this forum. I am a newbie and didn't know that.
(I used gpt for correction and correct translation. English is not my first language)

[Jill_C]

Indeed, the problem with using chatGPT to find the answer is that it seems to use sources outside the Adobe realm to formulate answers about issues relating to Adobe's systems and procedures. The usual give-away that I notice is the manner in which the responses are formatted - the numbered and bulleted text - and the perfect English and punctuation, at which even many native English speakers are not proficient. 

[Oleksandra Osadcha]

Again, I apologize for the inconvenience. I will no longer be using gpt for replies on this form. I would delete my reply, but I don't see the functionality to do so.

[Jill_C]

No problem. The answer is essentially correct, and it's best to leave it here as a possible reminder to others.

[Nancy OShea · Accepted solution]

A few years ago, a little girl showed up at my door dressed as 'Minnie Mouse' in a hand tailored costume made by her very talented mother.  Cute as hell!   Apart from the mouse ears, it was a perfectly acceptable subject for Stock. But you would need to provide a signed model release by the parent of the under-aged child along with witness and a property release signed by the mother who made the costume.

On the other hand, a store-bought costume would be almost impossible to submit without a property release by the costume's designer and manufacturer.

So to answer your question, if the participants made their own costumes and signed a model release beforehand, you can use their likeness for commercial Stock purposes.

Hope that helps.

[Abambo]

Hello,

I've already scoured the handbook, but I'd also like advice from all you experts. Is there any concern of images of people in cartoon character costumes (or any other costumes)?

Thank you 😃

By @ImaRetiredTeacher

Cartoon characters are copyrighted and can't be used. If you put a linen cloth over your head and cut out your eyes, there's no problem. Even if someone presents themselves in their grandfather's suit with make-up on their face, that's not a concern either.